(1) The removal of lead-based paint and lead-contaminated
dust, the permanent enclosure or encapsulation of lead-based paint,
the replacement of lead-painted surfaces or fixtures, and the
removal or covering of lead-contaminated soil;

(3) Projects for which there is a written contract to
permanently eliminate lead-based paint hazards from a dwelling unit
or child-occupied building;

(4) Projects involving the permanent elimination of lead-based
paint or lead-contaminated soil; and

(5) Projects involving the permanent elimination of lead-based
paint hazards that are conducted in response to federal, state or
local abatement orders.

(b) "Child lead poisoning" means that the amount of lead
circulating in the blood stream of children is at or exceeds the
level defined by the United States center for disease control.

(c) "Child-occupied building" means any of the following
structures built before one thousand nine hundred seventy-eight:
Public or private buildings, or portions thereof, or a room in a
residential dwelling or unit, any of which structures are currently visited, or intended to be visited, three hours a day twice a week
or more often by a child age six or under, including, but not
limited to, day care centers, kindergarten classrooms, schools,
camps and recreational facilities.

(d) "Contained work area" means a designated room or rooms,
spaces, or other areas, including a decontamination structure,
where lead abatement activities are performed, separated from the
uncontaminated environment in accordance with OSHA standards.

(e) "Commissioner" means the Commissioner of the West Virginia
Bureau for Public Health or his or her representative.

(f) "Discipline" means any one of the following: Lead
abatement contractor, lead abatement supervisor, lead inspector,
lead risk assessor, lead abatement worker, or lead abatement
project designer.

(g) "Elevated blood-lead level" means a concentration of lead
in the blood stream as defined by the United States Center for
Disease Control.

(h) "Industrial facility" means any factory, mill, plant,
refinery, warehouse, building or complex of buildings or other
industrial structures including the land on which it is located.

(i) "Inspection" means a surface-by-surface investigation to
determine the presence of lead-based paint or lead hazards and the
provision of a report explaining the results of the investigation.

(j) "Interim controls" means a set of measures designed to
temporarily reduce human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs,
maintenance, painting, temporary containment, ongoing monitoring of
lead-based paint hazards or potential hazards, and the
establishment and operation of management and resident education
programs.

(k) "Lead" means elemental lead and all inorganic and organic
lead compounds.

(l) "Lead abatement contractor" means any person who contracts
to conduct any lead abatement activity.

(n) "Lead abatement project" means an activity in target
housing or child-occupied buildings intended to permanently remove
or encapsulate lead-based paint, lead-containing dust,
lead-containing soil or other lead-containing materials and
decontamination of an area, but does not include interim controls
which do not permanently eliminate lead hazards.

(o) "Lead abatement worker" means an individual who is
employed by a lead abatement contractor for a lead abatement
project.

(p) "Lead-based paint" means paint or other surface coatings
that contains lead at a level defined by the commissioner by
legislative rule as provided in section four of this article.

(q) "Lead hazard" means any condition that may result in
exposure to lead including, but not limited to, lead-contaminated dust, lead-contaminated soil, or lead-based paint present on
accessible surfaces, friction surfaces, impact surfaces or other
lead sources that could result in adverse effects on human health.

(r) "Lead inspector" means an individual who conducts
inspections to determine and report the existence, nature, severity
and location of lead-based paint or lead hazards.

(s) "Lead risk assessment" means an investigation of the
potential risk to human health or the environment posed by lead
abatement projects or lead hazards, including, but not limited to,
considerations of toxicity, concentration, form, mobility and
potential of exposure.

(t) "Lead risk assessor" means an individual who is
responsible for or conducts lead risk assessments and establishes
priorities for a lead abatement project.

(u) "Lead supervisor" means a person employed by a lead
abatement contractor to supervise workers on a lead abatement
project, to develop occupant protection plans and to develop
abatement reports.

(v) "OSHA" means the United States Occupational Safety and
Health Administration.

(w) "Owner-occupied housing" means a detached single unit
residence owned by the individual living within the unit.

(x) "Person" means any individual, partnership, firm, society,
association, trust, corporation, other business entity or any
agency, unit, or instrumentality of federal, state or local government.

(y) "Target housing" means residential structures built prior
to one thousand nine hundred seventy-eight or residential
structures that are confirmed by inspection to contain lead-based
paint.

Note: WV Code updated with legislation passed through the 2015 Regular Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.